iCloud Communications Accuses Apple Of Infringing Its Trademark


This Thursday iCloud Communications filed a lawsuit against Apple. The plaintiff claims the Cupertino's company has infringed on its trademark and calls for an injunction, which would allow to block the launch of the iCloud service.

According to The Next Web, the suit was filed in the U.S. District Court in Arizona. This is the state where iCloud Communications is currently based.

The suit alleges that because of the worldwide media coverage of Apple's iCloud announcement and its advertising campaign Apple has damaged the iCloud Communications’ trademark. Previously it was used by the company for "identical to or closely related" services or goods since 2005.

Here is what iCloud Communication expects Apple to refund:

"1) all profits, gains and advantages obtained from Apple’s unlawful conduct, in an amount to be determined at trial;

2) all monetary damages sustained, and to be sustained, by iCloud Communications as a consequence of Apple’s unlawful conduct, including lost profits and reasonable royalties, in an amount to be determined at trial; and

3) iCloud Communications’ costs and disbursements of this action, including reasonable attorneys’ fees and otherwise"

Besides that the company wants Apple "to deliver for destruction all labels, signs, prints, insignia, letterhead, brochures, business cards, invoices and any other written or recorded material" related to its iCloud trademarks.

It is interesting that the suit alleges Apple has willfully and knowingly trodden "on the trademark rights of others" and mentions the accusations related the Beatles record label and the Mighty Mouse cartoon character.

History shows Apple has always been settling the problems with trademarks after the launch of the related products, and that can be partly explained by the high level of secrecy Apple sticks to. As you may know, iPad, iPhone and iAd all caused trademark infringement lawsuits, which were settled later.

It is known that Apple filed for the iCloud trademark in the U.S. and Europe last week and in Jamaica last December.

The new iCloud service was unveiled by Apple this Monday at WWDC in San Francisco. It will allow iOS users to back up their personal information and content in the cloud.

You can read the action here.

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Written by SimplyMax

Saturday, June 11, 2011. 19:15

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